RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part II— – Crimes

Division I – Offences against Public Order

Chapter VII— – treason and allied offences

44. Any person who, without lawful authority, carries on, or makes preparation for carrying on, or aids in or advises the carrying on of, or preparation for, any war or warlike undertaking with, for, by or against any person or body or group of persons in Kenya, is guilty of a felony and is liable to imprisonment for life .

RELEVANT ROME STATUTE PROVISIONS

Article 5Crimes within the jurisdiction of the Court1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to theinternational community as a whole. The Court has jurisdiction in accordance with this Statutewith respect to the following crimes:(d) The crime of aggression

2. The Court shall exercise jurisdiction over the crime of aggression once a provisionis adopted in accordance with articles 121 and 123 defining the crime and settingout the conditions under which the Court shall exercise jurisdiction with respect tothis crime. Such a provision shall be consistent with the relevant provisions of theCharter of the United Nations.

Article 121Amendments1. After the expiry of seven years from the entry into force of this Statute, any StateParty may propose amendments thereto. The text of any proposed amendmentshall be submitted to the Secretary-General of the United Nations, who shallpromptly circulate it to all States Parties.2. No sooner than three months from the date of notification, the Assembly of StatesParties, at its next meeting, shall, by a majority of those present and voting, decidewhether to take up the proposal. The Assembly may deal with the proposaldirectly or convene a Review Conference if the issue involved so warrants.3. The adoption of an amendment at a meeting of the Assembly of States Parties orat a Review Conference on which consensus cannot be reached shall require atwo-thirds majority of States Parties.4. Except as provided in paragraph 5, an amendment shall enter into force for allStates Parties one year after instruments of ratification or acceptance have beendeposited with the Secretary-General of the United Nations by seven-eighths ofthem.5. Any amendment to articles 5, 6, 7 and 8 of this Statute shall enter into force forthose States Parties which have accepted the amendment one year after thedeposit of their instruments of ratification or acceptance. In respect of a StateParty which has not accepted the amendment, the Court shall not exercise itsjurisdiction regarding a crime covered by the amendment when committed by thatState Party's nationals or on its territory.

6. If an amendment has been accepted by seven-eighths of States Parties inaccordance with paragraph 4, any State Party which has not accepted theamendment may withdraw from this Statute with immediate effect,notwithstanding article 127, paragraph 1, but subject to article 127, paragraph 2,by giving notice no later than one year after the entry into force of suchamendment.7. The Secretary-General of the United Nations shall circulate to all States Partiesany amendment adopted at a meeting of the Assembly of States Parties or at aReview Conference.

Article 123Review of the Statute1. Seven years after the entry into force of this Statute the Secretary-General of theUnited Nations shall convene a Review Conference to consider any amendmentsto this Statute. Such review may include, but is not limited to, the list of crimescontained in article 5. The Conference shall be open to those participating in theAssembly of States Parties and on the same conditions.2. At any time thereafter, at the request of a State Party and for the purposes set outin paragraph 1, the Secretary-General of the United Nations shall, upon approvalby a majority of States Parties, convene a Review Conference.3. The provisions of article 121, paragraphs 3 to 7, shall apply to the adoption andentry into force of any amendment to the Statute considered at a ReviewConference.